Re K (A Child)

Ayesha Hasan successfully acted for the appellant father in Re K (A Child) [2011] EWCA Civ 1075.

Ward LJ and McFarlane J held that section 11(7) of the Children Act 1989 is ancillary to the making of a Section 8 Order, is governed by the provisions for making such an order, and does not allow the importation by the back door of the matters laid down in the Matrimonial Homes Act or proper adjustment of rights of occupation.

Accordingly the order of the Judge below requiring the father to vacate his home under s. 11(7) could not be permitted to stand.

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Jones v Kernott

For Chancery and family practitioners dealing with cohabitation claims the wait is over: the Supreme Court finally handed down its Judgment in the eagerly awaited case of Jones v Kernott on 9th November 2011. The latest in a long line of judicial efforts to grapple with the problems created by co-ownership of property, the main impact of the judgment will be in 'joint names' cases.

Luke Barnes and Mark Jones give their initial reaction.

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